Category Archives: Nexus

D.Me.: Nexus for a cell phone SW can be based on officer’s stated experience

In addition to specific facts, officers may state their experience that nexus in a cell phone can be found as to certain crimes, and courts should credit that if reasonable. United States v. Fogg, 2019 U.S. Dist. LEXIS 38498 (D. … Continue reading

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S.D.W.Va.: Officers falsely swore def’s friend “lived or stayed there”; she visited after a small heroin deal, and there was no PC at all

Defendant was visited by a friend after an $80 heroin sale. There was no nexus to defendant’s house by the friend who’d only visited a few times over a long period of time. The police also falsely swore that she … Continue reading

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W.D.Ky.: A customer leaving def’s house with a lot of drugs was nexus to def’s house

“Similarly, in this case, Charles Williams was discovered with a large amount of narcotics immediately after leaving the Target Apartment. … This incident alone is enough to establish a nexus to the Apartment to justify a warrant to search the … Continue reading

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N.D.Ga.: No nexus shown for Facebook SW, but GFE applied

The District Court disagrees with the USMJ that there was probable cause and nexus for a search warrant for defendant’s Facebook page. But, reasonable judges disagree, and that is enough for the court to conclude that the good faith exception … Continue reading

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CA7: SW affidavit failed to show nexus, but it was close enough for GFE

The affidavit for a search warrant for a third person’s home where defendant spent a lot of time was deficient on showing nexus and defendant’s connection to it, but it otherwise showed probable cause. Actually, right after three controlled buys, … Continue reading

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GA: Motion for a Franks hearing on arrest warrant mooted by indictment

Defendant’s motion for a Franks hearing on his arrest warrant was mooted by his indictment. Young v. State, 2019 Ga. LEXIS 55 (Feb. 4, 2019). Defendant was a sheriff’s deputy, and he was suspected of sexual misconduct with a minor. … Continue reading

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D.Minn.: Govt showed nexus to def’s cell phones in vehicle involved in a shooting

Defendant’s vehicle was factually connected to a shooting incident, and that gave probable cause to search it under the automobile exception. There was nexus to defendant’s cell phones found in the vehicle to get a separate search warrant for them. … Continue reading

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S.D.Ill.: Merely living in a house and being alleged to be a criminal doesn’t create nexus; more is required, and the govt had it here

It is settled in this circuit that merely because a person lives in a house doesn’t create a nexus to the house for crime; more is required. Here, the government gets over that hurdle. Defendant was overheard talking about having … Continue reading

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W.D.Ky.: Cell phone pings before controlled buys provided nexus to search house

Defendant’s going directly home after several controlled buys as shown by cell phone pings was sufficient to show nexus to his home for a search warrant for drugs. “Probable cause exists in this case because of the continual and ongoing … Continue reading

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E.D.Mich.: Def used two houses, and his drug operation was from one; the SW for the second was still valid under GFE despite lack of nexus

Defendant conducted a drug operation from what the court called the 1st Premises, and he lived in the 2nd Premises, apparently avoiding keeping any drugs there. When he went out to do a drug deal, he’d stop at the 1st … Continue reading

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W.D.N.Y.: Officer’s experience shown in SW affidavit that large scale drug dealers keep it at home can be nexus

Nexus is shown to defendant’s home; the high level of his alleged drug dealing coupled with the officer’s experience that it is reasonably likely that he’d have drugs in the home. United States v. Rivera-Figueroa, 2019 U.S. Dist. LEXIS 8805 … Continue reading

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OH2: PC for SW for flash drive for possible evidence was shown by prior allegation of recorded assault

The officer had reasonable suspicion to stop defendant for suspicion of sexual assault since he was leaving the house from where the report came at 2:30 am. A search warrant for a flash drive found in defendant’s backpack was reasonable … Continue reading

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